Cabot Claimform - Barclaycard 'debt' ***WON ON APPEAL ***

[letitbeme]

Thats a great result, all the best and congratulations

 

Yep! "You've got balls of steel." stebiz

 

LIBM

[noomill060]

Care to share the skeleton agreement?

[stebiz]

Well done on eventually getting the first judge's decision overturned but appalled that you had to fund your barrister etc with no recourse to reclaim these costs.

 

Although many in your shoes would know that they were disputing an unjustifiable decision from the original court,there would be very,very few who could even consider engaging counsel as they simply would not be able to afford the [very large] cost involved.

 

It was actually Rhia who suggested in a previous post about the Direct Access Scheme. I did some research on the net, by-passed the Soliciors, and looked out for a Barrister with experience in this field. So thanks Rhia. I was at my witts end at the time.

 

Stebiz

[stebiz]

Care to share the skeleton agreement?

 

Sure. To be honest it really was very very brief. The facts really spoke for themselves.

 

I'll dig it out.

 

Stebiz

[joemay]

Well done stebiz

[letitbeme]

Hi There Stebiz, my case is also in Liverpool, do you know the name of the Judge in your first hearing? the one that went against you. It would be handy to know, just on the of chance that I end up with him.

[diddydicky]

You can quote all you like. I'm in one happy mood tonight. I think if even the wife said she was having an affair with the milkman, I'd ask if we got free milk:)

 

well i wouldn't...................mind you.if it was goldtop!!!

[Josie8]

Well done

[PriorityOne]

Fantastic result....well done!!

[Dorabell]

Well done:)

[ScarletPimpernel]

Congrats - and I've changed the thread title to reflect the outcome.

[stebiz]

Hi There Stebiz, my case is also in Liverpool, do you know the name of the Judge in your first hearing? the one that went against you. It would be handy to know, just on the of chance that I end up with him.

 

I'll never forget his name. I'll PM rather than potentially causing myself hassle.

 

Stebiz

[exchange]

Well done and pleased to see the title changed at last!

[stebiz]

Congrats - and I've changed the thread title to reflect the outcome.

 

 

Cheers. Really appreciate it.

 

Stebiz

[fedup74]

Fantastic news- well done you:)

[Rhia]

It was actually Rhia who suggested in a previous post about the Direct Access Scheme. I did some research on the net, by-passed the Soliciors, and looked out for a Barrister with experience in this field. So thanks Rhia. I was at my witts end at the time.

 

 

Stebiz I am so pleased it worked for you. I had a similar dreadful court experience myself and it came to round 2 and I knew there was no way I was stepping back into that court-room in front of that particular judge without counsel.

 

I won and got costs and it never even got into the court-room. A legal friend said at the time "it was the best thing you did". Some judges are terrific with LiPs but this one wouldn't give me an inch. I borrowed the money and was able to pay it back thanks to the costs.

 

Stebiz's maths were correct it cost him far less than the £12k they were after and gave a partcularly odious operation a bloody nose.

 

Always remember they buy these debts for as little as 10 pence in the £ and then go after you for the LOT!!! Plus their own fictitious interest. At some stage someone will have to take them on re unjust enrichment or whatever as this is totally unjust and extortionate.

 

The only thing that warms your heart is that they have lost £12k and paid a lot more in legal representation than Stebiz adding nicely to their multimillion £ losses.

 

For anyone who has not tried direct access do give it a go. You avoid the solicitor which is the costly part and you work under the barrister's direction. The one I had was astonished at how I managed to dig up all the facts so quickly including three deeds of assignment in 48 hours. He said the solicitors would have taken weeks.

Edited October 1, 2009 by Rhia

[Monty2007]

What a brilliant thread! Well done to both Stebiz & Rhia!

[stebiz]

I was thinking that myself:-? I have engaged a firm of Solicitors and have advised I wish a Barrister to look over the case. The Barrister is an expert in Consumer Credit Law and is based in London.

 

Can't say too much because of eyes and ears on here.

 

Steve

 

Can I just clarify this point for those a bit confused. I did engage Solicitors but later the same day decided against it. They refunded my debit card payment, and I sought out to find Counsel myself, as discussed previously.

 

Thanks

Steve

[stebiz]

Stebiz I am so pleased it worked for you. I had a similar dreadful court experience myself and it came to round 2 and I knew there was no way I was stepping back into that court-room in front of that particular judge without counsel.

 

I won and got costs and it never even got into the court-room. A legal friend said at the time "it was the best thing you did". Some judges are terrific with LiPs but this one wouldn't give me an inch. I borrowed the money and was able to pay it back thanks to the costs.

 

Stebiz's maths were correct it cost him far less than the £12k they were after and gave a partcularly odious operation a bloody nose.

 

Always remember they buy these debts for as little as 10 pence in the £ and then go after you for the LOT!!! Plus their own fictitious interest. At some stage someone will have to take them on re unjust enrichment or whatever as this is totally unjust and extortionate.

 

The only thing that warms your heart is that they have lost £12k and paid a lot more in legal representation than Stebiz adding nicely to their multimillion £ losses.

 

For anyone who has not tried direct access do give it a go. You avoid the solicitor which is the costly part and you work under the barrister's direction. The one I had was astonished at how I managed to dig up all the facts so quickly including three deeds of assignment in 48 hours. He said the solicitors would have taken weeks.

 

Hi Rhia,

 

Thanks for the post. I certainly owe my thanks to you. I had never heard of the Direct Access Scheme before. It is a little expensive but the defendant needs to put it into perspective, with the amount involved.

 

My Barrister was telling me (without mentioning any names) of a case he was working on were Bank Charges plus Interest amounted to over £70,000. He said the Judge was astonished. Obviously in this type of case a couple of thousand pounds is very little.

 

To a lesser extent mine. But it really is the peace of mind now that it will give me. The 'alleged' debt (pre court proceedings) was resulting in a huge amount of phone calls. I want to keep to the facts here. At one stage the phone calls were so constant I called Kent Police to ask them to intervene. They took no action but the crime number appeared to hold Cabot at bay for some time or they stopped calling for some other reason. All along they said that what they were doing was lawful. I never saw it that way.

 

The trial yesterday was certainly the most 'fierce' I have ever witnessed. The Judge obviously came to my Counsel first asking for his reasons to appeal.

 

The other side batted next giving their views and also stating why they believe I should not be allowed to appeal.

 

I will uplaod some other details but most are in a format that cannot be uploaded, except being rewritten first. So it may take some time.

 

Cheers

Steve

[noomill060]

Looking forawrd to reading it, stebiz.

 

To save time, could you scan these documents and post them up with photobucket.com? (after removing all personal details, of course)

[letitbeme]

Hi There Stebiz, thanks for the PM, will make sure that I have a clued up Barrister in my corner if my case gets allocated to him.

LIBM

[supasnooper]

Congratulations and well done on seeing this through.

 

One point for others reading this thread...............sometimes a Creditor may push for Small Claims Track (SCT) as their arguments and documentation are not in good order.

 

They go for SCT, as it may be heard by a Deputy District Judge whose background is in Family Law..............

 

If the case was to be allocated to Fast Track - the case would be heard by a District Judge who would be well versed in Consumer Law.

 

And I think a big thanks go to those who supported you on your quest in this case.

[herbie171]

well done stebiz, that you and me both in just a few days, mine was also around £13,000 had I lost Cabot having a very bad time at the moment

[stebiz]

well done stebiz, that you and me both in just a few days, mine was also around £13,000 had I lost Cabot having a very bad time at the moment

 

Congrats. What goes around, comes around:)

[diddydicky]

as this was an appeal- is there any way we can get a transcript as this obviously can now be used as authority!!

 

dick